15 results for 'cat:"Damages" AND cat:"Product Liability"'.
J. Cole denies Kroger's motion to dismiss, ruling the consumers' reliance on false representations about the type and amount of heavy metals in teething wafers when buying the product constitutes a particularized injury that gives them standing to pursue product liability claims. Although their children did not suffer any physical injuries as a result of eating the wafers, the economic injuries sustained by the parents allow the case to proceed.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: May 8, 2024, Case #: 1:22cv544, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: damages, product Liability, Class Action
J. Rakoff finds that the district court properly granted class certification in a consumer class action concerning the marketing of the pet health product Cosequin. The class expert's proposed damages model was sufficiently sound and developed to satisfy this standard at the class certification stage. Affirmed.
Court: 9th Circuit, Judge: Rakoff, Filed On: April 22, 2024, Case #: 22-55744, Categories: damages, product Liability, Class Action
J. Pipkin finds that the trial court properly denied the company's motion to set aside the default judgment and $25 million damages award entered against it in a wrongful death, product liability and negligence action brought by the estate administrator. The action arose after the decedent was pulled into a steel wire manufacturing machine and decapitated. The trial court correctly found that the company waived any argument that apportionment of the damages was required or appropriate when it failed to appear at the damages trial. The defaulting companies also failed to present any evidence on apportionment. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1697, Categories: damages, product Liability, Wrongful Death
J. Mortensen finds that the trial court properly applied postjudgment interest on a damages award in a product liability case beginning from the date of the final judgment in 2018. The trial erroneously overturned the jury's damages award, but the Utah Supreme Court reinstated it, and no issues remained undecided after the judgment. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 14, 2024, Case #: 20220957-CA, Categories: damages, product Liability
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J. Jolivette Brown denies summary judgment to a flooring company on its argument the lessee of a gymnasium building, a popular Catholic high school, cannot recover for fire damage allegedly caused by the improper disposal of self-heating wood stain rags. The law is unclear as to whether St. Augustine, as a lessee, has a right of action to pursue a claim for property damages or loss of property value under these circumstances. Additionally, there are fact issues in dispute regarding the extent of the obligation assumed by St. Augustine by way of the lease agreement.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: January 17, 2024, Case #: 2:22cv5292, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: damages, product Liability, Experts
J. Hendon finds the trial court properly entered final judgment in favor of the daughter in a lawsuit against Philip Morris related to her father's death from lung cancer, pulmonary disease and other ailments caused by his years of smoking Marlboro cigarettes. The trial court in part correctly denied Philip Morris's motion for summary judgment and for a directed verdict because there are disputes of fact regarding when the father's pulmonary disease manifested and the evidence admitted at trial supported the jury's verdict, which in part resulted in an award of $5.5 million in non-economic damages for the daughter and a mistrial on the issue of punitive damages. The trial court did not otherwise abuse its discretion in denying Philip Morris's other post-trial motions. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: November 15, 2023, Case #: 23-0032, Categories: damages, Negligence, product Liability
[Consolidated.] J. Kennelly grants in part a pharmaceutical company’s motion to exclude the testimony of two expert witnesses in a litigation by patients who claim they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drugs. The cardiovascular medicine expert is nonqualified for the testimony on marketing techniques and the regulatory expert’s testimony properly applied a method to distinguish their condition from others that share similar clinical features. The pharmaceutical company’s motion for summary judgment on patients’ punitive damages and noneconomic damages is granted. However, the other claims for summary judgment shall be denied and returned to the home districts. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:14cv1748, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: damages, product Liability, Experts
J. Kennelly denies a pharmaceutical company’s and patients’ motion to exclude the testimony of expert witnesses in a litigation by patients who say they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drugs. The pharmaceutical company's motion for summary judgment on patients’ claims for express and implied breach of warranty, negligent misrepresentation, fraud, consumer protection and unjust enrichment is granted. However, the patients’ motion for summary judgment on claims of fail-to-warn, strict liability, loss of consortium and punitive damages shall be denied and returned to the home districts. The punitive damages question shall be transferred to the Middle District of Florida. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:14cv1748, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: damages, product Liability, Experts
J. Lee finds that the lower court properly awarded the injured police officer $7.5 million on his failure-to-warn claim against the ammunition maker after he was struck in the spine by a breaching round that remained live after a fellow police officer missed a metal target. None of the ammunition maker's product literature warns that breaching rounds that hit wood do not disintegrate. Further, the jury's award was rooted in the substantial evidence of the officer's chronic pain and permanent medical conditions. Affirmed.
Court: 7th Circuit, Judge: Lee, Filed On: August 21, 2023, Case #: 22-1861, Categories: damages, product Liability
J. Wood finds that the lower court properly entered a $3.3 million jury award against the medical device maker on a strict liability failure-to-warn claim stemming from the fracturing of a patient's retrievable intravascular filter that left pieces embedded in the wall of her heart. The device maker did not show that the 510(k) clearance of its Meridian filter was based on the FDA's determination that it complied with any specific safety standards, rather than its similarity to previously approved devices. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: August 11, 2023, Case #: 22-2610, Categories: Health Care, damages, product Liability
[Consolidated.] J. Barnes finds that the trial court improperly granted Samsung's motion to set aside a default judgment in favor of the individual in a negligence and product liability action arising from injuries the individual suffered when the battery in his e-cigarette exploded in his pocket. The individual was awarded $10.8 million in damages. The trial court incorrectly construed the lack of a complete record on damages in the case against the individual and shifted the burden of proof off of Samsung. Vacated.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: June 30, 2023, Case #: A23A0452, Categories: damages, Negligence, product Liability